01-08-2019 Regular Council City of Clermont
MINUTES
REGULAR COUNCIL MEETING
January 8,2019
The City Council met in a regular meeting on Tuesday, January 8, 2019 in the Clermont City Council
Chambers.Mayor Ash called the meeting to order at 6:30pm with the following Council Members present:
Council Members Brishke,Travis,Bates,and Goodgame. Other City officials present were Assistant City
Manager Kinzler,City Attorney Mantzaris,and City Clerk Howe.
INVOCATION AND PLEDGE OF ALLEGIANCE
Cuqui Whitehead gave the invocation followed by the Pledge of Allegiance.
PUBLIC COMMENTS
Linda Charlton,9101 County Road 561,expressed concern regarding vendors location during the Christmas
parade.
Bill Delaney, 10312 Lake Minneola Shores,distributed the Florida Water Resources Journal to the Council
and stated there is an article on Victory Pointe within the journal.
Willie D.Montgomery,419 East Desoto Street,requested a Martin Luther King,Jr.parade in Clermont.
Tim Murry, 574 East Desoto Street,Christian Men in Action,planning a Martin Luther King, Jr. event on
January 21,2019 and requested a parade to go along with the event.
Assistant City Manager Kinzler stated Mr.Montgomery and Mr.Murry have met with staff.
Parks and Recreation Director Davidoff stated Mr.Montgomery approached the city last Friday to enhance
the event on January 21, 2019 through the addition of a parade.There is a short time frame however City
staff and Mr. Montgomery met with the Police Department, the Fire Department, and Public Works to
determine a safe route for the parade. The proposed route is to begin the parade at McKinney Park on
Bloxam Avenue.From Bloxam Avenue,the parade will turn onto Desoto Street then turn onto East Avenue
and end at Waterfront Park where the event will begin.The parade will begin at 10:15am and conclude no
later than 11:00am. The Police Department has requested for only one lane of East Avenue be closed for
the parade to accommodate traffic.The Council would need to approve the road closures for the parade.
Mayor Ash inquired about Council approval. Parks and Recreation Director Davidoff replied the road
closures are the only aspect of the parade which needs Council's approval.East Avenue's northbound lane
would need to be closed for the parade.
Council Member Bates inquired about notifying the City residents.Parks and Recreation Director Davidoff
stated the residents will be notified by electronic message boards.
Council Member Bates expressed concern for the short timeframe and the lack of information regarding
the parade.Mr.Montgomery replied not all of the details are completely worked out yet however no more
than 25 floats are anticipated to take part in the parade.
Council Member Goodgame moved to approve road closures on East Avenue and Desoto
Street:seconded by Council Member Brishke.The motion passed with all members present
voting aye.
Patrick Maloney,3810 Liberty Hill Drive,requested support from the City for connection to a reuse pipeline
for Legends. The City previously entered into an agreement with Lennar for the developer to install a
pipeline from Kings Ridge to Legends which the City will reimburse the developer for the costs. Mr.
Maloney stated he has spoken with the City Manager and the Assistant City Manager.
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REGULAR COUNCIL MEETING
January 8,2019
Assistant City Manager Kinzler stated City staff is currently researching the agreements and issues which
spans over 20 years and recommended to allow City staff to complete their research and then have the
matter come before the Council at a public advertised meeting.There are practical,legal and financial issues
the City will have to consider.
Council Member Bates inquired about timeframe.Assistant City Manager Kinzler stated staff has most of
the research done but still needs more time to conclude the matter.The main concerns are currently ensuring
the City has the capacity to move forward with the connection of reclaim water and that the City has no
legal issues with Acme Utilities,Inc.A proposed time frame to adequately address the matter would be one
month.Assistant City Manager Kinzler requested to return the matter to Council at a workshop on February
19,2019 at 6:30pm.
Mary Maloney,3810 Liberty Hill Drive,requested for the City to provide the same services for Legends as
the City does for Kings Ridge.
Karen Tefft, 4050 Beacon Ridge Way, expressed support for Legends to receive the same bulk rate for
reclaim water as Kings Ridge.
REPORTS
Assistant City Manager Kinzler reported there will be a Council Workshop on Tuesday,January 15, 2019
at 6:30pm and City offices will be closed on January 21, 2019 in observance of Martin Luther King, Jr.
day.
City Attorney Mantzaris— No report.
Council Member Bates—No report.
Council Member Goodgame—No report.
Council Member Brishke reported on December 12, she attended a Boys/Girls Club event. On December
14, she attended the City's first Dueling Piano Event. On December 15 and 16, she participated in a 24-
hour shift ride with the Fire Department.
Council Member Travis reported also riding with the Fire Department on a shift. Yesterday she attended
the first Tourism Development Committee meeting of the year and announced increasing the co-op
marketing dollars at$50,000 per event.The Tourism Development Committee denied money for the City's
boat ramp due to incorrect processing of paperwork.The request will return in April.
Mayor Ash reported on December 12, she attended the Mayors and Managers meeting with City Manager
Gray where they discussed impact fees,the new regional park,the new animal shelter,Lake EMS,Wellness
Way Development, and other topics. On December 13, she was at the Oak Hill Cemetery for Wreaths
Across America. On December 17, she was at Bella Collina for the South Lake Chamber of Commerce
luncheon. On December 19, she was at the Police Department for the Adopt-A-Soldier event. On January
7, she was at the Police Department for the swearing in of new officer Carlos Baez. Chief Broadway
appointed Chaplain Vasquez as a new Chaplain to help existing Chaplain Barnes.
CONSENT AGENDA
Mayor Ash advised the next item on the Agenda for consideration was the Consent Agenda and requested
anyone wishing to have any item pulled for discussion to please come forward at this time.
Item No. 1 —Meeting Minutes Consider approval of the November 13, 2019
Council Meeting minutes.
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Item No. 2—2019 Council Meeting Calendar Consider approval of the 2019 City Council
Meeting calendar.
Item No. 3—Piggyback Purchase Consider request to piggyback the Florida Sheriffs
Association contract with Duval Ford, Coggin
Ford, and Bozard Ford to purchase six vehicles in
the total budgeted amount of$155,846.
Item No.4—Bid Award Consider approval of Request for Proposals award
to Computers At Work!, Inc. d/b/a vTECH io to
provide turnkey installation of WiFi solution in the
negotiated budgeted amount of$193,591.61.
Item No. 5—Bid Award Consider approval of Request for Qualifications
award to Burkhardt Construction, Inc. for
construction management at risk services for the
downtown streetscape projects.
Item No. 6—Event and Road Closure Request Consider event and road closures request for the
Clermont Downtown Partnership to host their
annual "Downtown Clermont Home and Vintage
Show"on February 23,2019.
Item No. 7— Inter-Local Agreement Consider agreement with Lake County to provide
uniform street addressing.
Item No. 8—Parking Agreement Request Consider agreement for additional inventory of
public downtown parking.
Item No. 9— Resolution No. 2019-04R Consider approval of amendment to the Interlocal
Service Boundary Agreement with Lake County to
clarify portions of Schofield Road.
Item No. 10—Resolution No. 2019-05R Consider agreement for Construction of Water,
Reuse, and Force Main with Lennar Homes for
Heritage Hills.
The public requested Item 10 be pulled.
Council Member Bates moved to approve Consent Agenda items lthrough 9: seconded by
Council Member Travis.The motion passed with all members present voting aye.
Assistant City Manager Kinzler clarified Item 10 is not an agreement for the City to serve reclaimed water
to Heritage Hills but an agreement with the Developer to upsize infrastructure which has a regional benefit.
The agreement is a financial agreement.
Mayor Ash asked if the mains already exist. Assistant Manager Kinzler replied the mains are already
installed.
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Council Member Bates inquired about the reasoning of the original developer requirements. Assistant
Manager Kinzler replied the needs of the future development may not need the larger piping however other
properties within the City may receive a benefit from the subject development installing a larger pipe.City
Attorney Mantzaris clarified the extra pipe allows additional capacity to serve other customers to the benefit
of the City system.
Mayor Ash opened the Public Hearing.
Anne Ryan, 1600 Orange Thorpe Lane, requested for this agenda item to be tabled until an equitable
solution can be found for Legends and suggested Council had a conflict of interest with the agenda item
under Florida Statute 112.3143.City Attorney Mantzaris clarified the Council has no conflict with the issue
under the cited Florida Statute.
James Kauczka, 1600 Orange Thorpe Lane, respectfully disagreed with Council not having a conflict of
interest.
Mary Maloney, 3810 Liberty Hill Drive, asked for clarification regarding water reuse pipes for Heritage
Hills. Assistant Manager Kinzler clarified the pipes have already been installed as it was brought to the
City's attention after the fact from the developer. Ms. Maloney expressed concern with reclaimed water
access for Legends.
Rob Bonin,6750 Forum Drive,Lennar Homes,clarified the request was submitted before construction was
done but the matter was not resolved until after construction was complete.
Mayor Ash closed the Public Hearing.
Council Member Bates asked about options if approval is not granted.Attorney Mantzaris replied the pipe
was installed with the expectation the larger pipe would be paid for by the City. However, the funds will
be issued in the form of impact fee credits; not tax payer dollars. The funds are a relatively small amount
for an upsizing agreement.
Council Member Bates inquired of the City's capacity for reclaim. City Attorney Mantzaris replied the
pipes are being installed to provide the capacity should the City have the capacity available.The agreements
are designed to allow for the City to save money down the road by having the developer install larger pipes
while they are paying for the manpower and equipment to do so.The city cannot run reclaim water through
the pipe if the City does not have the reclaimed water to provide.Also,the subject property is in the City's
water service area.
Council Member Goodgame clarified the Kings Ridge agreement with the City is for reclaimed water when
it is available.As a result,the neighborhood does not obtain the whole consumptive amount from the City.
The neighborhood spent$30,000 to put in two metering stations in order to track the water received from
the City.
Council Member Goodgame moved to approve Resolution No. 2019-05R; seconded by
Council Member Travis.The motion passed with all members present voting aye.
UNFINISHED BUSINESS
The next two items were heard together and voted on separately.
Item No. 11—Ordinance No.2019-01,Final,Lakeview Preserve PUD
Deputy City Clerk Zinker read Ordinance No. 2019-01 aloud by title only.
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An Ordinance under the Code of Ordinance of the City of Clermont,Lake County,Florida,
amending the official zoning map of the City of Clermont referred to in Chapter 122 of
Ordinance No. 289-C, Code of Ordinances; rezoning the real properties described herein
as shown below;providing for severability,effective date,and publication.
NEW BUSINESS
Item No. 12—Variance Request,Lakeview Preserve
Senior Planner Kruse presented applicant's Planned Unit Development and variance request. During the
previous public hearing,the applicant volunteered that he would be willing to put a sidewalk on the south
side of Hartwood Marsh Road, opposite the project. This condition was added to Ordinance 2017-42
however once engineering commenced on the new alignment of Hartwood Marsh Road it became apparent
there was not enough right-of-way for both sidewalks.The applicant has requested to modify this condition
to allow only the northern sidewalk with a portion of the sidewalk on the south and the applicant has agreed
to pay$24,741.72 to the City for the 1,478 feet of sidewalk not installed.The applicant has also requested
to reduce the required tree replacement fee for tree removal and to allow for 3-inch caliper replacement
trees instead of the required 6-inch caliper trees per City Code. The Planning and Zoning Commission
recommended approval for Ordinance 2019-01. Staff recommends approval of Ordinance 2019-01 and
recommends denial for the two variances.
Dan O'Keefe, real estate attorney from Shutts& Bowen, LLP, stated the planner and engineer with Pulte
Homes is present as well as Tom Daly.
Tom Daly,landscape architect with Daly Design Group,addressed the variance requests.Staff has approved
the removal of the trees. However,the tree mitigation is not approved.The variety of live oak trees on the
property grow to about 35 feet tall. The applicant was able to save 285 trees out of the 1,300 trees in that
area. The original application submitted met the City's code however staff's report stated trees could not
be in certain areas of the development and could not be an understory tree. Staff recommended for the
applicant to go through the variance process for the tree removal and sidewalk change.
Mayor Ash opened the Public Hearing.
James Kauczka, 1600 Orange Thorpe Lane,expressed opposition towards the variance request and change
to the sidewalk requirement.
Mayor Ash closed the Public Hearing.
Council Member Travis expressed agreement with the public comment and expressed opposition to
substituting public safety for money.
Council Member Bates inquired about the south side of the sidewalk. Senior Planner Kruse replied per the
applicant's site plan,they would have met City code by putting a sidewalk on their side of the road however
the applicant offered to place the sidewalk on the south side as well which was put into the Ordinance.Their
engineer determined there is not enough room on the south side for the sidewalk.Applicant can meet their
obligation per the City's code but cannot meet their additional suggestion.
Council Member Goodgame asked for a diameter for traffic circle. Senior Planner Kruse stated Lake
County is handling the road review and has been involved in the review of the subdivision.
Council Member Goodgame expressed concern regarding the traffic circles.David Stokes,Civil Engineer,
replied the traffic circle radius is over 120 feet in total which is larger than the traffic circles in Winter
Garden.
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Council Member Bates expressed agreement with modifying the sidewalk requirement but opposition
towards the tree variances.
Council Member Brishke inquired about tree requirements.Senior Planner Kruse replied the City has codes
which dictate the distance the trees need to be from certain areas such as utility lines or roads. The City
code also does not give credit towards the tree count.
Council Member Brishke asked about the density of homes in the development. Mr. Daly replied the
smallest size lots were eliminated and the buffers were expanded per Council's request which reduced the
number of allowable units.
Mayor Ash expressed concern for the impact on the road and community.
Council Member Bates moved to approve Ordinance No. 2019-01: seconded by Council
Member Brishke.The motion passed four to one with Council Member Goodgame voting
nay.
Council Member Bates moved to deny the variance request:seconded by Council Member
Travis.The motion passed with all member present voting aye.
Item No. 13—Resolution No.2019-02R, Clermont Indoor Soccer Complex
Deputy City Clerk Zinker read Resolution No. 2019-02R aloud by title only.
A Resolution of the City Council of the City of Clermont, Lake County,Florida granting
a Conditional Use Permit to allow for an indoor Recreational Facility occupying more than
20,000 square feet of floor space in the C-2 General Commercial zoning district.
Item No. 14—Variance Request,Clermont Indoor Soccer Complex
Development Services Director Henschel presented the applicant's Resolution and variance request. The
subject property is located on the south side of Highway 50 just west of County Road 455.The applicant is
proposing to construct an indoor recreational and soccer facility. The applicant is also requesting two
variances for the subject property. The applicant originally requested three variances however the
architectural elevation request has been eliminated.The first variance request is to allow a reduction of the
minimum number of off street parking spaces to allow for 78 parking spaces rather than the required 195.
Since the current code does not directly recognize this type of use, staff reviewed similar uses in other
jurisdictions and found the proposed parking of 78 spaces to be sufficient.The second variance request is
to allow for the elimination of the required canopy trees in the perimeter landscape of the western property
line due to the existence of utility lines. Staff does recommend planting understory trees with less invasive
roots to meet the requirement.Staff reviewed the application and recommended approval of the Conditional
Use Permit and the variance requests.
Rick McCoy,present on behalf of the applicant,stated the suggested use is a unique indoor soccer complex.
The applicants are residents of Clermont and are present.
Mayor Ash opened the Public Hearing.No comments.Mayor Ash closed the Public Hearing.
Council Member Goodgame inquired about the type of building suggested.Development Services Director
Henschel replied the building will be a metal pipe square building. Mr. McCoy clarified the applicant is
anticipating a steel building. The property will meet all City Architectural Standards and envisions a
wooden A-frame entrance.
Development Services Director Henschel reviewed the City's Architectural Standards with the Council.
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Council Member Goodgame requested to have the item return to Council at a later date.
Council Member Bates asked about the number of fields to be inside the complex.Mr.McCoy stated there
will be three soccer fields with a spectator area and concession stands.
Council Member Bates moved to approve Resolution No.2019-02R; seconded by Council
Member Travis.The motion passed with all members present voting aye.
Council Member Brishke expressed concerns with potential parking. Development Services Director
Henschel replied the City's code does not directly address parking for the proposed use but staff reviewed
standards of similar cities to find a recommended amount for parking. Assistant City Manager Kinzler
clarified staff could approve the parking request without Council approval since the code does not directly
address the proposed use however, staff preferred to bring the matter before Council to be cautious.
Council Member Brishke inquired about ingress and egress and expressed concern with traffic.Mr.McCoy
replied there is a full median in front of the industrial park which will allow for people to exit another way
during regular business hours.
Assistant City Manager Kinzler stated the City is working with the County and the owners of the
undeveloped property along Hooks Street to expedite the completion of Hooks Street.
Development Services Director Henschel stated the Ordinance has a clause stating if there is a problem
with parking,the matter has to return to Council.
Council Member Travis moved to approve variance request;seconded by Council Member
Brishke.The motion passed with all members present voting aye.
Item No. 15—Ordinance No.2019-07,Introduction, Fuqua
Deputy City Clerk Zinker read Ordinance No.2019-07 aloud by title only.
An Ordinance of the City Council of the City of Clermont,Lake County,Florida,providing
for the annexation of a certain parcel of land contiguous to the present city boundaries;
providing for an effective date,severability,recording,and publication.
Council Member Bates moved to introduce Ordinance 2018-03; seconded by Council
Member Goodgame. The motion passed with all members present voting aye.
Item No. 16—Ordinance No.2019-08, Transmittal,Fuqua
Deputy City Clerk Zinker read Ordinance No.2019-08 aloud by title only.
An Ordinance of the City Council of the City of Clermont, Lake County,Florida adopting
the Large Scale Comprehensive Plan Amendment for the City of Clermont, Florida,
pursuant to the Local Government Planning Act, Chapter 163, Part II, Florida Statutes;
setting forth the authority for adoption of the Large Scale Comprehensive Plan
Amendment; setting forth the purpose and intent of the Large Scale Comprehensive Plan
Amendment; providing for the adoption of the Large Scale Comprehensive Plan
Amendment; establishing the legal status of the Large Scale Comprehensive Plan
Amendment;providing a severability clause and providing an effective date.
Council Member Bates moved to approve the transmittal of Ordinance No. 2019-08;
seconded by Council Member Goodgame.
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Senior Planner Kruse presented the applicant's request for a Future Land Use change on the subject property
which is located within the Interlocal Service Boundary Agreement.The applicant is requesting 321 units
for the subject property which would average 2.8 units per acre. This proposed land use change is the City's
lowest density residential land use category. The Lake County Urban Low Density land use would allow
up to four units per acre. Upon approval from the City Council, the proposed Comprehensive Plan
Amendment will be transmitted to the Florida Department of Economic Opportunity and reviewing
agencies for review. The agency would then issue an objections and recommendations letter to the City.
Once the letter is received, the final public hearing would be scheduled in March. Staff recommends
approval for the transmittal of the Large Scale Comprehensive Plan Amendment to change the Future Land
Use.The Planning and Zoning Commission recommended unanimous approval.
John Florio, 2200 Park Avenue North, Donald W. McIntosh Associates, Inc., stated he has been working
with staff on this project for over a year with 7.5 acres of right-of-way being dedicated for the future
expansion of Hartwood Marsh Road and dedicated space for drainage of the expansion.
Mayor Ash opened the Public Hearing.
Daniel Kim,3552 La Jolla Drive,expressed opposition to further development of Hartwood Marsh Road.
Joe Gick, 2724 Kingston Ridge Drive, expressed opposition to further development of Hartwood Marsh
Road.
Brad Eveland,3544 La Jolla Drive,expressed concern for the impact of water,traffic,and school demands.
Mayor Ash closed the Public Hearing.
Mayor Ash clarified the request is for a transmittal from Lake County to the City with Hartwood Marsh
Road being a county road.
Council Member Bates clarified the vote tonight is only for a transmittal to the state with a hearing on the
request in March.
The motion passed with all members present voting aye.
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City of Clermont
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REGULAR COUNCIL MEETING
January 8,2019
ADJOURN: With no further comments, this meeting adjourned at 8:47pm.
APPROVED:
/ / /
Gai L. Ash, Mayor
ATTEST:
•
Tracy Ackroyd Howe, City Clerk
•